LG Uplus hacking probe may remain an allegation only as industry calls for evidence-destruction safeguards
TECHWORLD ·
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The case involving allegations of evidence destruction in the LG Uplus hacking incident has not yet been resolved, and the Seoul Metropolitan Police Agency is investigating.
The Ministry of Science and ICT said it requested an investigation by law enforcement under Article 137 of the Criminal Act, and that it would review necessary measures if the investigation finds a legal violation.
While the Personal Information Protection Commission is pursuing system reforms such as criminal penalties for hiding or destroying evidence and administrative fines, the industry worries that incentives to preserve data and report incidents voluntarily could weaken.
The case involving allegations of evidence destruction in the LG Uplus hacking incident has yet to reach a conclusion. Rep. Lee Hoon-ki of the Democratic Party secured materials submitted to the Ministry of Science and ICT on the 10th, and according to those materials, the ministry requested an investigation by law enforcement, applying Article 137 of the Criminal Act, which covers obstruction of official duties by deception, in relation to issues including the disposal of LG Uplus servers. The case is currently under investigation by the Seoul Metropolitan Police Agency, but no investigative conclusion has been reached yet.
As the conclusion is delayed, the Personal Information Protection Commission is pushing for improvements to related systems, while the Ministry of Science and ICT is taking no separate action. That has led to calls for countermeasures. There is also concern that further delays in reaching a conclusion could send companies the wrong signal that hiding a hack is the answer.
After submitting written questions at a full committee meeting of the Science, ICT, Broadcasting and Communications Committee on the 8th, Rep. Lee received the ministry's future response plan. He said the ministry's response was passive and complacent. He also said that if the ministry recognized suspicions of evidence destruction in the hacking case but simply waited for the police investigation results, it would amount to inaction by the lead ministry. He further stressed that such a response would make it difficult to prevent companies from concealing hacking incidents.
At the time, the ministry said only that if the investigation results confirm a legal violation, it would review necessary measures under current laws and regulations as part of its future response plan. However, it did not present separate measures for user damage relief or steps to prevent evidence destruction.
By contrast, before launching its investigation, the Personal Information Protection Commission pushed for system reforms, including criminal penalties for hiding or destroying evidence, administrative fines, the imposition of penalty charges for noncooperation with investigations, and the introduction of data preservation orders in the event of a breach.
Against this backdrop, Rep. Lee told Vice Prime Minister and Minister of Science and ICT Bae Kyung-hoon that if the case is not handled properly, there is concern that the practice of treating hacking concealment as the answer could take root among companies. He then called for clearly defining intentional destruction of hacking evidence and obstruction of investigations as grounds for exemption from penalties attributable to the company, if confirmed, and urged the establishment of user protection measures such as penalty exemptions, along with safeguards to prevent destruction of hacking evidence.
The industry is concerned that if the case is closed without confirming whether evidence was destroyed, companies that suffer future breaches may have less incentive to preserve related materials, and the incentive to report incidents voluntarily may also decline. Citing those concerns, an industry official said there is a need to revise the rules so that companies that delete materials are deemed to have destroyed evidence, and also said companies that report voluntarily should receive preferential treatment.
Source: TECHWORLD · Kim Hye-jin
Original: https://www.epnc.co.kr/news/articleView.html?idxno=406804
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Source: TECHWORLD
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